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SHAMPA DUTT (PAUL)
Tathagata Roy @ Raju Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of the proceedings being A.C.G.R. Case No. 2608 of 2020 arising out of Nadial P.S. Case No. 81/2020 dated 30.05.2020 under Sections 325/326/307/34 of the Indian Penal Code now pending before the Learned Additional Chief Judicial Magistrate, Alipore.
FACTS:-
2. The petitioner states that the allegations in the said FIR started on the basis of a written complaint by the opposite no. 2 is to the effect that:-
Validity of multiple FIRs and subsequent proceedings, abuse of process of law, and the requirement of facing trial based on prima facie evidence.
A second FIR with respect to the same offence/occurrence/incident is not maintainable and constitutes an abuse of the process of law.
Abuse of Process of Law - Multiple FIRs for Same Occurrence
The main legal point established in the judgment is the importance of the First Information Report and the test of 'sameness' to determine the permissibility of multiple FIRs for the same occurrence.
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
A second FIR for the same incident constitutes an abuse of process, and no person should face double jeopardy for identical offenses.
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